A patent is a form of intellectual property that grants its owner the exclusive right to exclude others from making, using, selling, or importing an invention for a limited period, usually 20 years from the filing date, in exchange for public disclosure of the invention. The role of patents in IPR is very significant because –

• Incentivizing Innovation: Exclusive rights to inventors encourage the creation of new technology and solutions.

• Protecting Intellectual Effort: They protect the inventor from unauthorized use of his or her creation so that the originator is able to capture some benefits.

• Promoting Knowledge Sharing: The public disclosure required as part of the patent application process leads to the spread of technical information, thus encouraging more innovation.

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What is Patent?

According to the Indian Patent Act, 1970, a patent is defined as a statutory right conferred for an invention, whereby such an invention is a new product or process involving an inventive step and capable of industrial application. 

Basic Characteristics of Patent

• Novelty: The invention should be novel which, in other words, it shall not have been a prior publication and/or use anywhere in the world prior to the filing date of the patent application.

• Inventive Step (Non-obviousness): The invented subject should not come out obvious to a person skilled in the relevant field. It must have some technical advance or economic significance that is not noticeable by an ordinary person from available knowledge.

• Industrial Applicability: The invention should be capable of being made or used in an industry, meaning it has practical utility.

Types of Patents in Intellectual Property Law

1. Utility Patents

These are given for new and useful inventions or processes having industrial applications. It protects the functional aspects of an invention like machines, devices, methods, or compositions of matter.

2. Design Patents

Design patents are given for new and original designs of articles. They protect only ornamental designs rather than the functional aspects of a product.

3. Plant Patents

These patents are given to new and distinct varieties of plants that can be asexually reproduced. It therefore protects the rights of the inventor who could have found or developed the new plant variety.

Also, Read about What are the Types of Intellectual Property

Patent Registration Process in India

The patent registration process in India involves various steps, each with a particular timeline and cost. Here is a comprehensive overview:

1. Application Filing

• Preparation: This would involve drafting a patent application, which could either be provisional or complete, to get a priority date and up to 12 months to file the complete specification.

• Filing: File your application with the Indian Patent Office (IPO) accompanied by Form 1 (Application for Grant of Patent) and Form 2 (Provisional/Complete Specification).

• Filing Fee: Fee will depend on the applicant type (individual, small entity, others) and claim numbers and page numbers.

2. Publication

• Timeline: It gets published in the journal after 18 months from the priority date. An early publication request can help to advance it within one month of time.

• Additional Fee: There is a fee associated with the early publication request.

3. Examination

• Request for Examination: To be filed within 48 months from the priority date. After this request, the examination process will start.

• Examination Process: The IPO checks the application for conformity with the patentability conditions. An Examination Report is issued, outlining objections. The applicant has to reply to objections within six months from the date of receipt and can extend up to three months.

• Fees : fee depends upon applicant type

4. Grant or Rejection

• Grant: In case all the objections are cleared, the patent is issued and published in the Patent Journal.

• Rejection: In case the objections are not accepted, the application may be outright rejected.

5. Timelines and Costs

• Overall Duration: The overall process normally takes about 3 to 5 years with the aid of different factors.

• Costs: Total expenditure incurred, ranging from filing, examination, and maintenance fees, according to the classification of the applicant and detailed specifics of the application.

Also, Get to Know the Importance of Intellectual Property Rights

Patent Cooperation Treaty (PCT) Role in International Patents

The PCT is an international patent application through which an applicant can seek patent protection in multiple countries with a single application.

Process:

• International Phase: File for a PCT application that undergoes an international search and an optional preliminary examination. 

• National Phase: Enter the national phase in desired countries within 30 months from the priority date. Each country's patent office then examines the application according to the laws of the country.

Benefits 

• Saves time before having to conduct multiple national filings so that the commercial viability of the invention can be evaluated.

• Simplifies procedure by clustering initial procedures.

Also, Read about Objectives of Intellectual Property Rights

Major Amendments in Patent Law & Their Importance

India enacted a comprehensive law, the Indian Patent Act, 1970 that formed the bedrock for the patent regime in the country, establishing the legal framework to protect inventions. Over the years, numerous amendments were made to the Act so that it was compatible with international standards and inductors of challenges to the system.

Patent (Amendment) Act, 1999

• Purpose: To conform to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO).

• Significant changes: Instituting a "mailbox" system to allow product patent applications in pharmaceuticals and agrochemicals, which were not permissible under Indian law. Granting Exclusive Marketing Rights (EMRs) to applicants for a limited period until the grant of a patent.

Patent (Amendment) Act, 2002

• Aims: Alignment with TRIPS obligation and making the patent system more contemporary.

• Changes: Extension of patent term up to 20 years from the date of filing to be brought at par with the international standards. Provision for the publication of applications after 18 months from the date of filing Pre-grant opposition to facilitate third party opposition to the grant of a patent before its actual grant.

Also, Get to What is the Punishment for Copyright Infringement

Patent (Amendment) Act, 2005:

• Objective: Fulfilling the commitments of India to TRIPS by introducing product patents in all technological areas including pharmaceutical and agrochemicals.

• Changes: Scrapping of the EMR system and introduction of product patents on a full scale. Addition of Section 3(d) to ensure that evergreening of patents through patents for new forms of known substances is prevented only if such substances would lead to enhanced efficacy. Strengthening of compulsory licensing provisions for access to essential medicines

Also, Get to Know about Section 64, Patents Act 1970: Revocation of Patents

Recent Developments

In March 2024, the Patent (Amendment) Rules, 2024, were notified, which brings major changes to streamline the patent process:

• Shortened Timelines: Reduces the number of days for filing the request for examination and disposing of oppositions to ensure speedy grant of patents. Provisions related to Grace Period: It clarifies the procedure to avail of a 12-month grace period for filing patent applications in certain conditions provided under Section 31 of the Act.

• Digital Enhancements: Implementation of electronic communication methods for official correspondences to improve efficiency. 

Know What are the Rights of a Copyright Owner

Famous Patented Innovations

Patents play a crucial role in protecting innovations across various industries. Below are notable examples:

Apple’s iPhone Design

• Design Patents: Apple has secured multiple design patents for the iPhone's distinctive appearance. For instance, U.S. Design Patent No. D618,677 covers the original iPhone's ornamental design.

• Impact: These patents have been central in legal disputes, notably against Samsung, to safeguard Apple's design elements.

Pfizer’s COVID-19 Vaccine Technology

• mRNA Technology Patents: Pfizer, in collaboration with BioNTech, developed the BNT162b2 mRNA vaccine for COVID-19. The companies hold patents related to mRNA technology and lipid nanoparticle formulations essential for vaccine delivery.

• Legal Developments: Patent disputes have arisen, including litigation with Moderna over alleged patent infringements concerning mRNA technology.

Also, Checkout What is the Copyright Act In India

To sum it up, patents play an important role in promoting innovation and economic growth. Patents provide inventors with the exclusive rights to their inventions, thus encouraging the development of new technologies and solutions that eventually contribute towards industrialization and societal development. Patents are essentially vital to innovation and economic development. Patent laws need to continuously evolve to keep pace with technological developments and maintain a balance that fosters innovation while not compromising public interests.

Patents in Intellectual Property Rights FAQs

Q1. What can and cannot be patented?

In India, an invention must be a new product or process involving an inventive step and capable of industrial application to be patentable. The Patents Act, 1970, under Sections 3 and 4, lists non-patentable inventions, including: Frivolous inventions or those contrary to natural laws, Inventions contrary to public order or morality, Mere discovery of a scientific principle or abstract theory etc.

Q2. How long does it take to get a patent in India?

The patenting process in India typically takes 3 to 5 years from the filing date to grant, depending on various factors such as the complexity of the invention and the backlog at the Indian Patent Office.

Q3. What is the cost of filing a patent in India?

For individuals and small entities: Filing fees start at ₹1,600.For others, Filing fees start at ₹8,000.Examination fees and other charges apply additionally.

Q4. How is patent infringement dealt with?

Patent infringement is a civil offense in India. The patentee can file a suit for infringement in the appropriate court, seeking remedies such as injunctions, damages, or accounts of profits.

Q5. Can software be patented in India?

Under Section 3(k) of the Patents Act, computer programs per se are not patentable. However, if a software invention demonstrates a technical application or is integrated with hardware, it may be considered patentable.